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PEOPLE v. SCHECK

24 A.D.3d 574 (2005)

805 N.Y.S.2d 297

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SCHECK, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 2005.

Ordered that the judgment is affirmed.

Whether to exclude a witness from the courtroom or, as in this case, to preclude the testimony of a witness who was present during the testimony of another witness, is committed to the discretion of the trial court (see People v. Todd, 306 A.D.2d 504 [2003]). The County Court providently exercised its discretion in denying the defendant's motion to preclude the witness's testimony, particularly...

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